EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0680*
SENATE BILL 680
F5 3lr2342
By: Senator Beidle
Introduced and read first time: February 6, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Public Libraries – Collective Bargaining 2
FOR the purpose of authorizing employees of certain public libraries to form, join, and 3
participate in an employee organization and engage in certain other activities related 4
to collective bargaining; requiring certain employers and certified exclusive 5
representatives to engage in good faith bargaining; establishing a collective 6
bargaining process for employees of certain public libraries; establishing a process 7
for resolving impasses during collective bargaining; prohibiting employers and 8
employee organizations from engaging in certain actions regarding the exercise of an 9
employee’s rights under this Act; prohibiting employees and employee organizations 10
from engaging in certain actions related to strikes, work stoppages, boycotts, and 11
lockouts; and generally relating to collective bargaining for employees of public 12
libraries. 13
BY adding to 14
Article – Education 15
Section 23–901 through 23–914 to be under the new subtitle “Subtitle 9. Public 16
Libraries – Collective Bargaining” 17
Annotated Code of Maryland 18
(2022 Replacement Volume) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Education 22
SUBTITLE 9. PUBLIC LIBRARIES – COLLECTIVE BARGAINING. 23
23–901. 24
2 SENATE BILL 680
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 1
INDICATED. 2
(B) “BOARD” MEANS THE BOARD OF T RUSTEES FOR A PUBLIC LIBRARY 3
SYSTEM WHERE APPLICABLE . 4
(C) “CERTIFIED EXC LUSIVE REPRESENTATIV E” MEANS THE EMPLOYEE 5
ORGANIZATION THAT HA S BEEN CERTIFIED AS THE COLLECTIVE BARGA INING 6
AGENT FOR A BARGAINI NG UNIT. 7
(D) “CONFIDENTIAL EMPLOYEE ” MEANS AN EMPLOYEE WH O ACTS IN A 8
CONFIDENTIAL CAPACIT Y TO ASSIST PUBLIC L IBRARY SYSTEM OFF ICIALS WHO 9
FORMULATE , DETERMINE, AND EFFECTUATE POLIC Y IN THE FIELD OF EM PLOYEE 10
RELATIONS. 11
(E) “DIRECTOR” MEANS THE CHIEF ADMI NISTRATOR FOR A PUBL IC 12
LIBRARY SYSTEM . 13
(F) (1) “EMPLOYEE” MEANS A PERMANENT FULL–TIME OR PERMANENT 14
PART–TIME STAFF MEMBER OF A PUBLIC LIBRARY SYSTE M. 15
(2) “EMPLOYEE” DOES NOT INCLUDE A C ONFIDENTIAL EMPLOYEE OR 16
A MANAGEMENT EMPLOYEE . 17
(G) “EMPLOYEE ORGANIZATION ” MEANS AN ORGANIZATIO N THAT 18
INCLUDES EMPLOYEES O F THE EMPLOYER AND H AS AS A PRIMARY PURP OSE THE 19
REPRESENTATION OF TH E EMPLOYEES IN THEIR R ELATIONS WITH THE EM PLOYER. 20
(H) “EMPLOYER” MEANS A PUBLIC LIBRARY SYSTE M AND ITS BOARD . 21
(I) “GOVERNING BODY ” MEANS: 22
(1) (I) FOR A CHARTER COUNTY THAT DOES NOT HAVE A N 23
ELECTED CHIEF EXECUT IVE OFFICER, THE COUNTY COUNCIL ; OR 24
(II) FOR A CHARTER COUNTY THAT HAS AN ELECTED CHIEF 25
EXECUTIVE OFFICER , THE COUNTY COUNCIL O R THE COUNTY COUNCIL AND THE 26
COUNTY EXECUTIVE , AS PROVIDED BY THE C OUNTY CHARTER ; OR 27
(2) FOR A CODE OR COMM ISSION COUNTY , THE COUNTY 28
COMMISSIONERS . 29
SENATE BILL 680 3
(J) “MANAGEMENT EMPLOYEE ” MEANS AN EMPLOYEE WH O IS AUTHORIZED 1
TO: 2
(1) HIRE, TRANSFER, SUSPEND, LAY OFF, RECALL, PROMOTE, 3
DISCHARGE, ASSIGN, REWARD, OR DISCIPLINE EMPLOY EES; 4
(2) RESPONSIBLY DIRECT EM PLOYEES; 5
(3) ADDRESS THE GRIEVANCE S OF EMPLOYEES ; OR 6
(4) RECOMMEND AN ACTION R EGARDING AN EMPLOYEE IF THE USE 7
OF AUTHORITY REQUIRE S THE USE OF INDEPEN DENT JUDGMENT . 8
(K) “PUBLIC LIBRAR Y SYSTEM” MEANS A COUNTY PUBLI C LIBRARY SYSTEM . 9
23–902. 10
THIS SUBTITLE DOES NO T APPLY TO EMPLOYERS AND EMPLOYEES WHO WE RE 11
AUTHORIZED TO ENGAGE IN COLLECTIVE BARGAI NING UNDER STATE OR LOCAL 12
LAW BEFORE OCTOBER 1, 2023. 13
23–903. 14
EMPLOYEES OF AN EMPLOYER MAY: 15
(1) FORM, JOIN, AND PARTICIPATE IN AN EM PLOYEE ORGANIZATION ; 16
(2) BARGAIN COLLECTIVELY THROUGH A CERTIFIED EXCLUSIVE 17
REPRESENTATIVE OF TH EIR CHOICE; 18
(3) ENGAGE IN LAWFUL CONC ERTED ACTIVITIES FOR THEIR MUTUAL 19
AID AND PROTECTION ; 20
(4) REFRAIN FROM ANY ACTI VITY DESCRIBED IN ITEM (1), (2), OR (3) 21
OF THIS SECTION; AND 22
(5) REFRAIN FROM PAYING D UES OR FEES TO A CER TIFIED 23
EXCLUSIVE REPRESENTA TIVE IF AN EMPLOYEE ELECTS NOT TO JOIN THE 24
CERTIFIED EXCLUSIVE REPRESENTATIVE . 25
23–904. 26
4 SENATE BILL 680
(A) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 1
HAVE A RESPONSIBILIT Y TO ENGAGE IN GOOD FAITH BARGAININ G OVER MATTERS 2
REQUIRED BY LAW . 3
(B) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE REPRESENTATIVE 4
JOINTLY SHALL BE RES PONSIBLE FOR FOSTERI NG A POSITIVE LABOR RELATIONS 5
ENVIRONMENT BASED ON MUTUAL RESPECT, COMMUNICATION , AND COOPERATION . 6
(C) THE GOAL OF COLLECTIV E BARGAINING IS THE DELIVERY OF QUALITY 7
PUBLIC SERVICES TO T HE RESIDENTS OF THE STATE IN A MANNER THA T IS 8
CONSISTENT AND COMPL IANT WITH LAW. 9
23–905. 10
(A) THERE IS A PROFESSION AL AND TECHNICAL UNI T AND A SERVICE AND 11
LABOR UNIT FOR COLLECTIVE BARGAININ G PURPOSES. 12
(B) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 13
THE PROFESSIONAL AND TECHNICAL UNIT INCLU DES: 14
(I) PROFESSIONAL CLASSIFI CATION TITLES UNDER WHICH 15
EMPLOYEES HAVE SPECI AL OR THEORETICAL KN OWLEDGE THAT USUALLY IS 16
ACQUIRED THROUGH COL LEGE TRAINING, WORK EXPERIENCE , OR OTHER TRAINING 17
THAT PROVIDES COMPAR ABLE KNOWLEDGE ; 18
(II) PARAPROFESSIONAL CLAS SIFICATION TITLES UN DER 19
WHICH EMPLOYEES PERF ORM, IN A SUPPORTIVE ROLE , SOME OF THE DUTIES O F A 20
PROFESSIONAL O R TECHNICIAN BUT THA T USUALLY REQUIRE LE SS FORMAL 21
TRAINING OR EXPERIEN CE THAN THOSE DUTIES PERFORMED BY THOSE W ITH 22
PROFESSIONAL OR TECHNICAL CLASSIF ICATION TITLES; AND 23
(III) TECHNICAL CLASSIFICAT ION TITLES UNDER WHI CH 24
EMPLOYEES HAVE BASIC TECHNICAL KNO WLEDGE AND MANUAL SK ILLS THAT ARE 25
USUALLY ACQUIRED THR OUGH SPECIALIZED POS TSECONDARY SCHOOL ED UCATION 26
OR THROUGH EQUIVALEN T ON–THE–JOB TRAINING. 27
(2) THE PROFESSIONAL AND TECHNICAL UNIT DOES NOT INCLUDE 28
MANAGEMENT EMPLOYEES OR CONFIDENTIAL EMPL OYEES. 29
(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30
THE SERVICE AND LABO R UNIT INCLUDES CLASSIFICAT ION TITLES UNDER WHICH 31
EMPLOYEES: 32
SENATE BILL 680 5
(I) PERFORM SERVICE AND M AINTENANCE; 1
(II) MAY OPERATE HEAVY SPE CIALIZED MACHINERY O R HEAVY 2
EQUIPMENT; AND 3
(III) CONTRIBUTE TO THE COM FORT AND CONVENIENCE OF THE 4
PUBLIC OR TO THE UPK EEP OF THE EMPLOYER ’S BUILDINGS, FACILITIES, AND 5
GROUNDS. 6
(2) THE SERVICE AND LABOR UNIT DOES NOT INCLUD E MANAGEMENT 7
EMPLOYEES OR CONFIDE NTIAL EMPLOYEES . 8
(D) WHEN DETERMINING WHETHER AN EMPLOYEE IS A MAN AGEMENT 9
EMPLOYEE FOR THE PUR POSES OF EXCLUDING T HE EMPLOYEE FROM A B ARGAINING 10
UNIT UNDER SUBSECTIO N (B)(2) OR (C)(2) OF THIS SECTION: 11
(1) THE EXERCISE OF ANY S INGLE FUNCTION DESCR IBED IN 12
SUBSECTION (B)(1) OR (C)(1) OF THIS SECTION DOES NOT NECESSARILY REQU IRE 13
THE CONCLUSION THAT THE EMPLOYEE IS A MA NAGEMENT EMPLOYEE ; 14
(2) JOB TITLES MAY NOT BE THE EXCLUSIVE BASIS FOR CONCLUDING 15
THAT THE EMPLOYEE IS A MANAGEMENT EMPLOYE E; AND 16
(3) THE NATURE OF THE EMP LOYEE’S WORK, INCLUDING WHETHER 17
OR NOT A MAJOR PORTI ON OF THE WORKING TI ME OF THE EMPLOYEE I S SPENT AS 18
PART OF A TEAM WITH NONMANAGEMENT EMPLOY EES, SHALL BE CONSIDERED . 19
23–906. 20
(A) (1) (I) AN EMPLOYEE ORGANIZAT ION THAT IS SEEKING 21
CERTIFICATION AS THE EXCLUSIVE REPRESENTA TIVE OF A BARGAINING UNIT 22
SHALL SUBMIT A PETIT ION TO THE APPLICABLE DIRECTOR STATING THA T AT LEAST 23
30% OF THE ELIGIBLE EMPL OYEES IN THE BARGAIN ING UNIT WISH TO BE 24
REPRESENTED EXCLUSIVELY BY THE EMPLOYEE ORGANIZATIO N SPECIFIED IN THE 25
PETITION FOR THE PURPOSE OF C OLLECTIVE BARGAINING . 26
(II) THE PETITION SHALL IN CLUDE SEPARATE SHOWI NG OF 27
INTEREST FORMS SIGNE D BY AT LEAST 30% OF ELIGIBLE EMPLOYEE S WITHIN THE 28
3–MONTH PERIOD IMME DIATELY PRECEDING TH E DATE ON WHICH THE EMPLOYEE 29
ORGANIZATION SUBMITS THE PETITION FOR CER TIFICATION TO THE DI RECTOR. 30
(2) AN EMPLOYEE ORGANIZAT ION THAT SUBMITS A P ETITION TO THE 31
DIRECTOR UNDER PARAG RAPH (1) OF THIS SUBSECTION M AY NOT DISCRIMINATE 32 6 SENATE BILL 680
WITH REGARD TO THE TERMS O R CONDITIONS OF MEMB ERSHIP DUE TO GENDER , 1
AGE, DISABILITY, COLOR, CREED, RACE, NATIONAL ORIGIN , RELIGION, MARITAL 2
STATUS, SEXUAL ORIENTATION , GENDER IDENTITY OR E XPRESSION, POLITICAL 3
AFFILIATION, OR ANY OTHER STATUS PROTECTED BY LAW. 4
(B) WITHIN 30 DAYS AFTER THE DIREC TOR RECEIVES THE PET ITION, THE 5
PETITION SHALL BE SU BMITTED TO A STATE MEDIATION SERVI CE FOR THE 6
PURPOSE OF HOLDING A CONSENT ELECTION AND CERTIFICATION OF THE 7
EMPLOYEE ORGANIZATIO N IN THE SAME MANNER AS A N ELECTION IS HELD UNDER 8
TITLE 4, SUBTITLE 2 OF THE LABOR AND EMPLOYMENT ARTICLE IF: 9
(1) THE DIRECTOR HAS NOT CHALLENGED THE VALID ITY OF THE 10
PETITION; AND 11
(2) THE BARGAINING UNIT C ONSISTS OF AT LEAST 10 EMPLOYEES. 12
(C) IF THE DIRECTOR CHALL ENGES THE VALIDITY O F THE PETITION, 13
EITHER THE EMPLOYER OR THE EMPLOYEE ORGA NIZATION MAY SUBMIT A REQUEST 14
TO A STATE MEDIATION SERVI CE TO DETERMINE : 15
(1) THE VALIDITY OF THE P ETITION; AND 16
(2) WHETHER TO CONDUCT A CONSENT ELECTION AND CERTIFY THE 17
EMPLOYEE ORGANIZATIO N IN THE SAME MANNER AS AN ELEC TION IS HELD UNDER 18
TITLE 4, SUBTITLE 2 OF THE LABOR AND EMPLOYMENT ARTICLE. 19
(D) THE STATE MEDIATION SERVI CE MAY NOT CERTIFY T HE VALIDITY OF A 20
PETITION BY A BARGAI NING UNIT CONSISTING OF FEWER THAN 10 EMPLOYEES. 21
(E) THE PETITION MAY BE SUBMITTED TO THE DIRECTOR ONLY DURING 22
THE MONTH OF OCTOBER UNLESS THE GO VERNING BODY OTHERWI SE DESIGNATES 23
A DIFFERENT TIME FRA ME. 24
(F) ANY COSTS ASSOCIATED WITH THIS SECTION SHALL BE SHA RED 25
EQUALLY BY THE EMPLO YER AND EMPLOYEE ORG ANIZATION SPECIFIED IN THE 26
PETITION. 27
23–907. 28
(A) AN EMPLOYER SH ALL RECOGNIZE THE RIGHT OF A CERTIFIED 29
EXCLUSIVE REPRESENTA TIVE TO REPRESENT EM PLOYEES IN THE BARGAINING 30
UNIT IN COLLECTIVE B ARGAINING AND IN THE SETTLEMENT OF GRIEVANCES. 31
SENATE BILL 680 7
(B) THE CERTIFIED EXCLUSI VE REPRESENTA TIVE OF THE BARGAINING 1
UNIT SHALL: 2
(1) SERVE AS SOLE AGENT F OR THE BARGAINING UN IT IN 3
COLLECTIVE BARGAININ G; AND 4
(2) REPRESENT ALL EMPLOYE ES IN THE BARGAINING UNIT FAIRLY, 5
WITHOUT DISCRIMINATI ON, AND WITHOUT REGARD T O WHETHER THE EMPLOY EE IS 6
A MEMBER OF THE EMPLOYEE ORGA NIZATION OR PAYS DUE S OR FEES TO THE 7
EMPLOYEE ORGANIZATIO N. 8
(C) THE CERTIFIED EXCLUSI VE REPRESENT ATIVE MEETS THE 9
REQUIREMENTS OF SUBSECTION (B)(2) OF THIS SECTION IF I TS ACTIONS WITH 10
RESPECT TO EMPLOYEES IN THE BARGAINING UNIT ARE NOT ARBITRARY , 11
DISCRIMINATORY , OR IN BAD FAITH. 12
23–908. 13
(A) IF AN EXCLUSIVE REPRE SENTATIVE IS CERTIFI ED UNDER § 23–906 OF 14
THIS SUBTITLE , THE EMPLOYER AND CER TIFIED EXCLUSIVE REPRESENTATIVE 15
SHALL ENTER INTO A COLLECT IVE BARGAINING AGREE MENT THAT CONTAINS 16
PROVISIONS REGARDING : 17
(1) WAGES, HOURS, AND TERMS AND CONDIT IONS OF EMPLOYMENT ; 18
(2) THE ORDERLY PROCESSIN G AND SETTLEMENT OF GRIEVANCES 19
REGARDING THE INTERP RETATION AND IMPLEME NTATION OF THE COLLE CTIVE 20
BARGAINING AGREEMENT , WHICH MAY INCLUDE : 21
(I) BINDING ARBITRATION ; AND 22
(II) PROVISIONS FOR THE EX CLUSIVITY OF FORUM ; AND 23
(3) THE TIME FOR SUBMISSI ON OF ITEMS TO THE GOVERNING BODY 24
UNDER THIS SUBTITLE. 25
(B) THE GRIEVANCE PROCEDU RES INCLUDED IN THE COLLECTIVE 26
BARGAINING AGREEMENT UNDER SUBSECTION (A)(2) OF THIS SECTION MAY NOT 27
ALLOW AN ARBITRATOR TO ALTER THE TERMS O F THE COLLECTIVE BAR GAINING 28
AGREEMENT . 29
(C) (1) THE EMPLOYER SHALL AU TOMATICALLY DEDUCT FROM THE 30
PAYCHECK OF AN EMPLO YEE WHO IS A MEMBER OF A CERTIFIED EXCLUSIVE 31 8 SENATE BILL 680
REPRESENTATIVE DUES AUTHORIZED AND OWED BY THE EMPLOYEE TO THE 1
CERTIFIED EXCLUSIVE REPRESENTATIVE IF THE EMPLOYEE SUBMITS TO THE 2
EMPLOYER A DEDUCTION AUTHORIZATION THAT H AS BEEN DULY EXECUTE D BY THE 3
EMPLOYEE. 4
(2) ANY DUES DEDUCTED FRO M PAYCHECKS UNDER PARAGRAPH (1) 5
OF THIS SUBSECTION S HALL BE REMITTED TO THE CERTIFIED EXCLUS IVE 6
REPRESENTATIVE . 7
(3) AN EMPLOYER SHALL STO P MAKING PAYROLL DED UCTIONS 8
UNDER PARAGRAPH (1) OF THIS SUBSECTION O N BEHALF OF A CERTIF IED 9
EXCLUSIVE REPRESENTA TIVE IF: 10
(I) THE C ERTIFIED EXCLUSIVE R EPRESENTATIVE IS 11
DECERTIFIED UNDER THIS SUBTITLE; 12
(II) THE RIGHT OF THE CERT IFIED EXCLUSIVE 13
REPRESENTATIVE TO CO LLECT DUES UNDER THI S SUBSECTION IS REVO KED; OR 14
(III) THE EMPLOYEE CEASES T O BE A MEMBER OF THE 15
BARGAINING UNIT REPR ESENTED BY THE CERTI FIED EXCLUSIVE REPRE SENTATIVE. 16
(D) THIS SECTION MAY NOT BE CONSTRUED TO : 17
(1) AUTHORIZE OR OTHERWIS E ALLOW AN EMPLOYEE TO ENGAGE IN 18
A STRIKE AS DEFINED IN § 3–303 OF THE STATE PERSONNEL AND PENSIONS 19
ARTICLE; OR 20
(2) RESTRICT THE A UTHORITY OF THE GOVE RNING BODY TO 21
DETERMINE THE BUDGET OF THE EMPLOYER . 22
(E) (1) A COLLECTIVE BARGAININ G AGREEMENT ENTERED INTO UNDER 23
SUBSECTION (A) OF THIS SECTION SHAL L BE EFFECTIVE ON RA TIFICATION BY THE 24
MAJORITY OF THE VOTE S CAST BY THE EMPLOY EES AND BARGAINING U NIT AND 25
APPROVAL BY THE DIRE CTOR. 26
(2) A SINGLE–YEAR OR MULTIYEAR COLLECT IVE BARGAINING 27
AGREEMENT SHALL EXPI RE AT THE CLOSE OF T HE COUNTY’S FISCAL YEAR. 28
23–909. 29
(A) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , 30
AN EMPLOYER AND A CERTIFIED EXCLUSIVE REPRESENTATIVE SHALL REACH AN 31 SENATE BILL 680 9
AGREEMENT BY MARCH 1 OF THE YEAR A COLLEC TIVE BARGAINING AGRE EMENT 1
WILL EXPIRE. 2
(2) THE EMPLOYER AND THE CERTIFIED EXCLUSIVE 3
REPRESENTATIVE MUTUA LLY MAY AGREE TO EXT END NEGOTIATIONS FOR A PERIOD 4
NOT TO EXTEND PAST JUNE 30 OF THE YEAR THE COLLECTIVE BARGAININ G 5
AGREEMENT WILL EXPIR E. 6
(B) AN IMPASSE IS REACHED DURING THE NEGOTIATI ONS BETWEEN THE 7
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE IF THE E MPLOYER 8
AND THE CERTIFIED EX CLUSIVE REPRESENTATI VE DO NOT REACH AN A GREEMENT 9
BY: 10
(1) MARCH 1 OF THE YEAR A COLLEC TIVE BARGAINING AGRE EMENT 11
WILL EXPIRE; OR 12
(2) THE DATE ON WHICH NEGOTIATIONS WERE EXT ENDED UNDER 13
SUBSECTION (A)(2) OF THIS SECTION. 14
(C) (1) IF AN IMPASSE IS REACHE D UNDER SUBSECTION (B) OF THIS 15
SECTION, THE EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE SHALL 16
SUBMIT A FINAL OFFER TO THE OTHER PARTY W ITHIN 24 HOURS AFTER THE 17
IMPASSE IS REACHED. 18
(2) UNLESS THE IMPASSE HA S BEEN RESOLVED , THE DISPUTE AND 19
THE FINAL OFFERS SHA LL BE SUBMITTED TO T HE FEDERAL MEDIATION AND 20
CONCILIATION SERVICE WITHIN 5 DAYS AFTER THE IMPAS SE IS REACHED. 21
(D) (1) WITHIN 30 DAYS AFTER THE DISPUTE IS SUBMI TTED TO THE 22
FEDERAL MEDIATION AND CONCILIATION SERVICE UNDER SUBSECT ION (C)(2) OF 23
THIS SECTION , A MEDIATOR APPOINTED BY THE FEDERAL MEDIATION AND 24
CONCILIATION SERVICE SHALL: 25
(I) MEET WITH THE DIRECTOR AND THE CERTIFIED EX CLUSIVE 26
REPRESENTATIVE ; AND 27
(II) MAKE WRITTEN FINDINGS OF FACT AND 28
RECOMMENDATIONS FOR THE RESOLUTIONS OF T HE DISPUTE. 29
(2) COPIES OF THE MEDIATO R’S WRITTEN FINDINGS A ND 30
RECOMMENDATIONS SHAL L BE SUBMITTED TO TH E DIRECTOR AND THE C ERTIFIED 31
EXCLUSIVE REPRESENTA TIVE. 32
10 SENATE BILL 680
(3) ANY COSTS ASSOCIATED WITH THIS SUBSECTION SHALL BE 1
SHARED BY THE EMPLOYER AND T HE CERTIFIED EXCLUSI VE REPRESENTATIVE . 2
(E) (1) THE DIRECTOR AND THE CERTIFIED EXCLUSIVE 3
REPRESENTATIVE SHALL MEET WITHIN 5 DAYS AFTER THE CONCL USION OF A 4
MEDIATION HELD UNDER SUBSECTIO N (D) OF THIS SECTION TO R EACH A 5
VOLUNTARY RESOLUTION OF THE DISPUTE. 6
(2) IF THE DIRECTOR AND T HE CERTIFIED EXCLUSI VE 7
REPRESENTATIVE DO NO T REACH A VOLUNTARY RESOLUTION OF THE DI SPUTE 8
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE DIRECTOR SHALL S UBMIT TO THE 9
BOARD: 10
(I) THE FINAL OFFER OF TH E DIRECTOR; 11
(II) THE FINAL OFFER OF TH E CERTIFIED EXCLUSIV E 12
REPRESENTATIVE ; AND 13
(III) THE WRITTEN FINDINGS AND RECOMMENDATION S OF THE 14
MEDIATOR. 15
(3) THE BOARD MAY: 16
(I) SELECT ONE OF THE PROPOSALS SUB MITTED UNDER 17
PARAGRAPH (2) OF THIS SUBSECTION ; OR 18
(II) REJECT ALL PROPOSALS SUBMITTED UNDER PARA GRAPH 19
(2) OF THIS SUBSECTION A ND REQUIRE THE DISPU TE TO BE SUBMITTED T O 20
MEDIATION IN ACCORDA NCE WITH THIS SECTIO N. 21
23–910. 22
(A) AN EMPLOYER SHALL SUBMIT TO THE BOARD A TERM OF A COL LECTIVE 23
BARGAINING AGREEMENT ENTERED INTO UNDER § 23–908 OF THIS SUBTITLE IF THE 24
TERM: 25
(1) REQUIRES AN APPROPRIA TION OF FUNDS; OR 26
(2) HAS OR MAY HAVE A FIS CAL IMPACT ON THE EM PLOYER. 27
(B) THE EMPLOYER SHALL MA KE A GOOD FAITH EFFO RT TO HAVE THE 28
BOARD APPROVE ALL TER MS OF A COLLECTIVE B ARGAINING AGREEMENT THAT THE 29
EMPLOYER IS REQUIRED TO SUBMI T TO THE BOARD FOR REVIEW . 30 SENATE BILL 680 11
(C) (1) THE BOARD SHALL STATE IN WRITING WHETHER IT W ILL 1
REQUEST THAT THE GOVERNING BODY APPROPRIATE FUNDS OR OTHERWISE 2
IMPLEMENT THE ITEMS THAT REQUIRE BOARD REVIEW : 3
(I) ON OR BEFORE MAY 1 OF THE YEAR IN WHICH A 4
COLLECTIVE BARGAININ G AGREEMENT WILL EXP IRE; OR 5
(II) WITHIN 30 DAYS OF RECEIVING TH E TERMS SUBMITTED 6
FOR REVIEW UNDER SUB SECTION (A) OF THIS SECTION IF NEGOTIATIONS ARE 7
EXTENDED BEYOND MAY 1 UNDER § 23–909 OF THIS SUBTITLE. 8
(2) IF THE BOARD DOES NOT INTEND TO REQUEST AN 9
APPROPRIATION OF FUN DS FOR OR OTHERWISE IMPLEMENT A TERM, OR PART OF A 10
TERM, THE BOARD SHALL INCLUDE T HE REASON FOR THE RE JECTION IN THE 11
WRITTEN STATEMENT RE QUIRED UNDER PARAGRA PH (1) OF THIS SUBSECTION . 12
(D) (1) IF THE BOARD REJECTS A TERM SUBMITTED FOR BOARD REVIEW , 13
THE EMPLOYER AND THE CERTIFIED EXCLUS IVE REPRESENTATIVE S HALL: 14
(I) MEET AS SOON AS IS PR ACTICABLE TO NEGOTIA TE AN 15
AGREEMENT ACCEPTABLE TO THE BOARD; AND 16
(II) SUBMIT TO THE BOARD THE RESULTS OF THE 17
NEGOTIATIONS ON OR B EFORE MAY 15 OF THE YEAR IN WHICH A COLLECTIVE 18
BARGAINING AGREEMENT WILL EXPIRE. 19
(2) THE BOARD SHALL CONSIDER THE AGREEMENT SUBMIT TED 20
UNDER PARAGRAPH (1) OF THIS SUBSECTION AN D ISSUE A STATEMENT AS 21
REQUIRED UNDER SUBSE CTION (C) OF THIS SECTION REGA RDING THE NEW TERM . 22
(3) IF THE EMPLOYER OR TH E CE RTIFIED EXCLUSIVE 23
REPRESENTATIVE DECLA RE THAT AN IMPASSE E XISTS, THE DISPUTE SHALL BE 24
SUBMITTED FOR MEDIAT ION IN ACCORDANCE WI TH § 23–909 OF THIS SUBTITLE. 25
(E) (1) (I) IF THE BOARD ACCEPTS A TERM SUBMITTED FOR BOARD 26
REVIEW THAT REQUIRES ADDITIONAL FUNDING, THE BOARD SHALL SUBMIT A 27
REQUEST TO THE GOVERNING BODY WITHIN THE TIME PERI OD PROVIDED IN THE 28
COLLECTIVE BARGAININ G AGREEMENT . 29
(II) THE GOVERNING BODY MAY APPROVE OR REJEC T A 30
REQUEST FOR ADDITION AL FUNDING, IN WHOLE OR IN PART . 31
12 SENATE BILL 680
(2) (I) IF ANY PART OF A REQU EST FOR ADDITIONAL F UNDING 1
SUBMITTED TO THE GOVERNING BODY UNDER THIS SUBSECTIO N IS REJECTED, THE 2
ENTIRE COLLECTIVE BA RGAINING AGREEMENT S HALL BE RETURNED TO THE 3
EMPLOYER AND THE CER TIFIED EXCLUSIVE REP RESENTATIVE FOR 4
RENEGOTIATIONS WI THIN THE LIMITS OF T HE FUNDING ALLOCATED BY THE 5
GOVERNING BODY . 6
(II) THE RENEGOTIATION SHA LL BE COMPLETED WITH IN A 7
TIMETABLE ESTABLISHE D BY THE GOVERNING BODY . 8
(III) 1. IF AN IMPASSE IS REAC HED, THE EMPLOYER AND THE 9
CERTIFIED EXCLUSIVE REPRESENTATI VE SHALL SUBMIT A FI NAL OFFER, WITHIN 10
THE LIMITS OF FUNDIN G ALLOCATED BY THE GOVERNING BODY , FOR THE REVIEW 11
OF THE GOVERNING BODY . 12
2. THE GOVERNING BODY SHALL SELECT ONE OF THE 13
OFFERS SUBMITTED UND ER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 14
3. THE SELECTION OF THE GOVERNING BODY IS 15
BINDING. 16
23–911. 17
(A) (1) THE EMPLOYER SHALL RE TAIN THE EXCLUSIVE R IGHT AND 18
AUTHORITY, AT ITS DISCRETION, TO MAINTAIN THE ORDE R AND EFFICIENCY OF THE 19
PUBLIC SERVICE ENTRU STED TO IT AND TO OP ERATE AND MANAGE THE AFFAIRS OF 20
THE EMPLOYER IN ALL ASPECTS, INCLUDING ALL RIGHTS AND AUTHORITY HELD B Y 21
THE EMPLOYER BEFORE ENTERING INTO A COLL ECTIVE BARGAINING AG REEMENT 22
UNDER § 23–908 OF THIS SUBTITLE. 23
(2) THE RIGHTS AND AUTHOR ITY RETAINED BY THE EMPLOYER 24
UNDER PARAGRAPH (1) OF THIS SUBSECTION I NCLUDE THOSE PROVIDE D BY STATE 25
OR LOCAL LAW . 26
(B) SPECIFIC RIGHTS AND R ESPONSIBILITIES RETA INED BY THE EMPLOYER 27
UNDER SUBSECTION (A) OF THIS SECTION INCL UDE THE RIGHT AND 28
RESPONSIBILITY TO : 29
(1) DETERMINE THE PURPOSE S AND OBJECTIVES OF EACH OF THE 30
EMPLOYER’S OFFICERS AND DEPAR TMENTS; 31
(2) SET STANDARDS OF SERV ICES TO BE OFFERED T O THE PUBLIC; 32
SENATE BILL 680 13
(3) DETERMINE THE METHODS , MEANS, PERSONNEL, BUDGET, AND 1
OTHER RESOURCES BY W HICH THE EMPLOYER ’S OPERATIONS ARE TO BE 2
CONDUCTED ; 3
(4) EXERCISE CONTROL AND D ISCRETION OVER THE E MPLOYER’S 4
ORGANIZATION AND OPE RATIONS; 5
(5) DIRECT ITS EMPLOYEES ; 6
(6) HIRE, PROMOTE, TRANSFER, ASSIGN, OR RETAIN EMPLOYEES ; 7
(7) ESTABLISH WORK RULES ; 8
(8) DEMOTE, SUSPEND, DISCHARGE, OR TAKE OTHER APPROP RIATE 9
DISCIPLINARY ACTION AGAINST EMPLOYEES FO R JUST CAUSE IN ACCO RDANCE 10
WITH APPLICABLE LAWS ; 11
(9) RELIEVE EMPLOYEES FRO M DUTY BECAUSE OF LA CK OF WORK OR 12
OTHER LEGITIMATE REA SONS; 13
(10) DETERMINE: 14
(I) THE MISSION, BUDGET, ORGANIZATION , AND NUMBER OF 15
EMPLOYEES OF THE EMP LOYER; 16
(II) THE NUMBER, TYPE, AND GRADE OF EMPLOYE ES ASSIGNED; 17
(III) THE TECHNOLOGY NEEDED BY THE EMPLOYER ; 18
(IV) THE INTERNAL SECURITY PRACTICES OF THE EMP LOYER; 19
AND 20
(V) THE RELOCATION OF FAC ILITIES NEEDED BY TH E 21
EMPLOYE R; 22
(11) DETERMINE THE QUALIFI CATION OF EMPLOYEES FOR 23
APPOINTMENT , PROMOTION , AND STEP INCREASES A ND TO SET STANDARDS OF 24
PERFORMANCE , APPEARANCE , AND CONDUCT OF THE E MPLOYEE; 25
(12) JUDGE SKILL, ABILITY, AND PHYSICAL FITNESS OF EMPLOYEES 26
AND CREATE, ELIMINATE, OR CONSOLIDATE JOB C LASSIFICATIONS, DEPARTMENTS , 27
AND OPERATIONS OF TH E EMPLOYEES ; 28
14 SENATE BILL 680
(13) CONTROL AND REGULATE THE USE OF ALL EQUIP MENT AND 1
OTHER PROPERTY OF TH E EMPLOYER; 2
(14) SET AND CHANGE WORK H OURS; 3
(15) CREATE, ALTER, COMBINE, CONTRACT OUT, OR ABOLISH ANY JOB 4
CLASSIFICATION , DEPARTMENT , OPERATION, UNIT, OR OTHER DIVISIONS O R 5
SERVICE OF THE EMPLO YER; 6
(16) SUSPEND, DISCHARGE, OR OTHERWISE DISCIPL INE EMPLOYEES 7
FOR CAUSE, EXCEPT THAT ANY ACTI ON MAY BE SUBJECT TO THE GRIEVANCE 8
PROCEDURE A GREED TO IN THE COLL ECTIVE BARGAINING AG REEMENT; 9
(17) ISSUE AND ENFORCE RUL ES, POLICIES, AND REGULATIONS 10
NECESSARY TO CARRY O UT THE PROVISIONS OF THIS SECTION AND OTH ER 11
MANAGERIAL FUNCTIONS ; AND 12
(18) RECRUIT, RETAIN, ASSIGN, MANAGE, OR LIMIT THE ROLES OR 13
RESPONSIBILITIES OF VOLUNTEERS OR DEVELO P GUIDELINES FOR VOL UNTEERS 14
UNDER § 23–407 OF THIS TITLE. 15
23–912. 16
AN EMPLOYEE ORGANIZAT ION SHALL BE DEEMED DECERTIFIED IF A 17
PETITION IS SUBMITTE D TO THE DIRECTOR TH AT INCLUDES THE SIGN ATURES OF 18
MORE THAN 50% OF THE EMPLOYEES IN THE BARGAINING UNIT INDICATING THE 19
WISH TO DECERTIFY TH E EMPLOYEE ORGANIZAT ION AS THE EXCLUSIVE 20
REPRESENTATIVE FOR COL LECTIVE BARGAINING P URPOSES. 21
23–913. 22
(A) AN EMPLOYER MAY NOT : 23
(1) INTERFERE WITH , COERCE, OR RESTRAIN AN EMP LOYEE IN THE 24
EXERCISE OF ANY RIGH T GIVEN TO AN EMPLOY EE UNDER THIS SUBTIT LE; 25
(2) INTERFERE WITH OR ASS IST IN THE FORMATION , 26
ADMINISTRATION , OR EXISTENCE OF AN E MPLOYEE ORGANIZATION ; 27
(3) PROVIDE FINANCIAL ASS ISTANCE OR OTHER SUP PORT TO AN 28
EMPLOYEE ORG ANIZATION; 29
SENATE BILL 680 15
(4) ENCOURAGE OR DISCOURA GE MEMBERSHIP IN AN EMPLOYEE 1
ORGANIZATION BY DISC RIMINATING AGAINST A N EMPLOYEE THROUGH H IRING, 2
TENURE, PROMOTION , OR OTHER CONDITIONS OF EMPLOYMENT ; 3
(5) DISCHARGE OR DISCRIMI NATE AGAINST AN EMPL OYEE BECAUSE 4
THE EMPLOYEE HAS SIGNED OR FILED AN AFFIDAVIT , A PETITION, OR A COMPLAINT 5
OR HAS GIVEN ANY INF ORMATION OR TESTIMON Y IN A PROCEEDING HE LD UNDER 6
THIS SUBTITLE; 7
(6) REFUSE TO BARGAIN IN GOOD FAITH WITH AN E MPLOYEE 8
ORGANIZATION THAT IS CERTIFIED AS THE EXC LUSIVE REPRESENTATIVE OF A 9
BARGAINING UNIT OVER A SUBJECT OF BARGAIN ING; OR 10
(7) REFUSE TO PARTICIPATE IN GOOD FAITH IN THE MEDIATION, 11
FACT–FINDING, OR GRIEVANCE PROCEDU RE UNDER THIS SUBTIT LE. 12
(B) AN EMPLOYEE ORGANIZAT ION OR ITS AGENT MAY NOT: 13
(1) INTERFERE WITH, RESTRAIN, OR COERCE AN EMPLOYE E IN THE 14
EXERCISE OF ANY RIGH T GIVEN TO THE EMPLO YEE UNDER THIS SUBTI TLE; 15
(2) CAUSE OR ATTEMPT TO C AUSE THE EMPLOYER TO DISCRIMINATE 16
AGAINST AN EMPLOYEE IN THE EXERCISE BY T HE EMPLOYEE OF ANY R IGHT GIVEN 17
UNDER THIS SUBTITLE; 18
(3) COERCE, DISCIPLINE, FINE, OR ATTEMPT TO COERCE A MEMBER 19
OF THE EMPLOYEE ORGA NIZATION AS A PUNISH MENT OR REPRISAL ; 20
(4) COERCE, DISCIPLINE, FINE, OR ATTEMPT TO COERCE A MEMBER 21
OF AN EMPLOYEE ORGAN IZATION FOR THE PURP OSE OF IMPEDING THE MEMBER’S 22
WORK PERFORMANCE ; 23
(5) REFUSE TO NEGOTIATE I N GOOD FAITH WITH AN EMPLOYER AS 24
REQUIRED BY THIS SUB TITLE; OR 25
(6) FAIL OR REFUSE TO COO PERATE IN IMPASSE PR OCEDURES 26
UNDER § 23–909 OF THIS SUBTITLE OR DECISIONS THAT RESUL T FROM THOSE 27
PROCEDURES . 28
23–914. 29
(A) IN THIS SECTION, “STRIKE” HAS THE MEANING STATED IN § 3–303 OF 30
THE STATE PERSONNEL AND PENSIONS ARTICLE. 31 16 SENATE BILL 680
(B) AN EMPLOYEE OR EMPLOY EE ORGANIZATION MAY NOT ENGAGE IN , 1
INDUCE, INITIATE, DIRECT, SUPPORT, OR RATIFY A STRIKE . 2
(C) IF A STRIKE OC CURS, A COURT OF COMPETENT JURISDICTION MAY 3
ENJOIN THE STRIKE ON REQUEST OF THE EM PLOYER. 4
(D) AN EMPLOYEE MAY NOT R ECEIVE COMPENSATION FROM THE 5
EMPLOYER WHILE THE E MPLOYEE IS ENGAGED I N A STRIKE. 6
(E) IF AN EMPL OYEE ORGANIZATION VIO LATES THIS SECTION , THE 7
EMPLOYER MAY : 8
(1) IMPOSE DISCIPLINARY A CTION, INCLUDING DISMISSAL , ON 9
EMPLOYEES ENGAGED IN THE PROHIBITED CONDU CT; 10
(2) REVOKE THE CERTIFICAT ION OF AND DISQUALIF Y THE 11
EMPLOYEE ORGANIZATIO N FROM REPRESENTING EMPLOYEES FOR A PERI OD NOT 12
TO EXCEED 2 YEARS; OR 13
(3) REVOKE THE EMPLOYEE O RGANIZATION’S RIGHT TO DUES AND 14
SERVICE FEES. 15
(F) THE EMPLOYER MAY NOT ENGAGE IN, INITIATE, OR DIRECT A LOCKOUT 16
OF EMPLOYEES . 17
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2023. 19